Suspected gold thief held to answer to charge

Tuesday

Apr 16, 2013 at 10:18 AMApr 16, 2013 at 1:49 PM

By Ami RidlingDaily News Staff Writer

YREKA – While citizens demanded answers, authorities have remained mum about many of the details pertaining to the investigation of the Siskiyou County Courthouse gold heist last year. All that changed Monday during the preliminary hearing for suspected gold thief David Dean Johnson, 49, of El Cerrito, Calif. when the case’s lead detective took the stand and answered questions about DNA test results and the gold case’s alarm failure.

Following the day-long hearing, Siskiyou County Superior Court Judge Karen Dixon ruled that Johnson will be held to answer to the felony count of second degree commercial burglary and one special enhancement pertaining to the appraised $1,257,500 value of the stolen items. Johnson continues to be held in the jail on $1 million bail.

Dixon’s ruling came after Siskiyou County Sheriff’s Office (SCSO) Detective Yves Pike took the stand. Among other statements, he testified that the DNA evidence collected at the crime scene matched the DNA sample taken from Johnson’s person when he turned himself into the Siskiyou County Jail earlier this month following the issuance of a warrant for his arrest.

Surveillance footage revealed that two masked men – one wearing gloves and the other wearing socks on his hands – entered the courthouse during the late night hours and began prying at the gold display case with crowbars. Then, they switched off the lights and completed the job in the dark. It is alleged that Johnson was accompanied by Scott Wayne Bailey, 51, of El Sobrante, Calif. during the burglary. There is currently a warrant for Baily’s arrest.

The hearingDuring direct examination at the preliminary hearing, District Attorney Kirk Andrus asked Pike to describe the crime scene when he arrived at the courthouse on Feb. 1, 2012.

Pike said when he arrived at the courthouse, he observed a hole in the lower left portion of one of the pieces of glass on the gold display case in the foyer and a fire extinguisher on the floor next to the display case. He explained that numerous rare gold pieces and donated jewelry items were reported stolen from the case.

During cross examination, Johnson’s defense attorney Howard Williams questioned Pike about the courthouse security system. Pike responded that there are 32 security cameras on the exterior and interior of the courthouse, and the gold case was equipped with a motion sensor. It was designed to activate the alarm upon movement or jarring inside the case. “One of the wires connecting the microphone was not attached as it should have been, so the alarm did not activate when pounding of the glass occurred,” explained Pike. Williams asked if there was evidence the wires had been tampered with. Pike said based on correspondence with the alarm company, “The wire was not tampered with, but at some point one of the wires had come loose.”

Pike said there was evidence that the perpetrators had forced entry into the information technology (IT) staff room located directly behind the gold display case. Within the room, Pike testified there was evidence that desks and other items had been disturbed.

Pike stated that an IT office staffer had left two unopened beverages on top of a filing cabinet the day before the burglary. Sometime throughout the course of the night, one of the beverages had been opened, a majority of it had been consumed, and the bottle was left sitting on top of the filing cabinet.

Clothing that appeared to be consistent with the clothing one of the burglars was wearing in the surveillance footage was recovered outside of the courthouse, Pike testified. He said authorities collected a black T-shirt and two socks.

He told the court that the disturbed beverage and clothing were sent to the California Department of Justice crime laboratory in Redding for DNA analysis.

A restroom window was discovered open, and this was determined to be the point of entry. Two pry bars were recovered from the restroom trash can, Pike testified. When the Siskiyou County Board of Supervisors voted to raise the reward from $15,000 to $50,000 for the arrest and prosecution of the gold thieves, Pike said he was immediately contacted by an anonymous informant who alleged that Baily had admitted he and Johnson perpetrated the burglary.

Pike said the informant confided that shortly after the burglary, Baily had purchased clothing items, a BMW for $11,000 cash, a Harley Davidson motorcycle and a Ford Mustang for his girlfriend. In addition, Pike said the informant stated that Johnson had also recently acquired a new Harley Davidson motorcycle. Pike testified that he conducted a financial report on Johnson and Baily. He said the report revealed that Johnson’s wife purchased the motorcycle for him in February 2012 with $20,000 cash.

When the SCSO identified Johnson and Baily as persons of interest in the case, Pike said a search of Johnson’s home was executed, and authorities did not find any items pertaining to the gold theft. Officials did not make contact with Johnson at that time. When the SCSO issued arrest warrants for Johnson and Baily earlier this month and Johnson turned himself into the Siskiyou County Jail, he submitted to a mouth swab for DNA testing. Pike told the court that the sample was sent to the crime lab for analysis to determine whether it matched DNA evidence on the water bottle and the clothing recovered outside the courthouse.

“David Johnson’s DNA profile matched the DNA profile collected from the water bottle,” Pike told the court. Regarding the clothing, Pike testified, “There is strong evidence he is the DNA contributor of the black T-shirt.”

The ruling Following direct and cross examination, Williams stated, “I am very sensitive of the effect this crime has had on the community.” However, he requested that Johnson’s $1 million bail be lowered to an amount that is more in line with the amount ordinarily set for a commercial burglary charge. He pointed out that Johnson turned himself in voluntarily.“Mr. Johnson has no intention of fleeing,” Williams asserted. “If he had any interest in fleeing he would not have driven back here to turn himself in.”

Andrus maintained that Johnson’s bail should remain set at $1 million. “This burglary was committed in our halls of justice,” he told the court. “The offensive nature of this crime takes this brash act far beyond what we would call a normal commercial burglary.”

Andrus commented that the rare gold collection represented an important part of the county’s history and the items were donated by individuals who wished to leave a legacy for all to enjoy.

Dixon responded that burglary can and often is a dangerous crime resulting in injury and even death to the victims. Under the facts of this case, she said Johnson did not pose any immediate danger. However, “The court is concerned about the danger of flight,” she stated. She ruled that Johnson will continue to be held in the jail on $1 million bail. Johnson was ordered to reappear in court on May 1 for further proceedings.